Chapter 3307:1-13 Re-employment Restrictions

This rule implements section
3307.35 of the Revised Code and
applies to Ohio public service after retirement in circumstances other than
those subject to section
3307.351 of the Revised Code and
rule 3307:1-13-02 of the
Administrative Code.

(A)
For the
purpose of this rule and section
3307.35 of the Revised Code:

(5)
"Alternative retirement plan" means a plan established under Chapter 3305. of
the Revised Code.

(B)
In administering section
3307.35 of the Revised Code, the
following applies:

(1)
Forfeiture of a
retirement allowance under section
3307.35 of the Revised Code for
employment in a position covered by another Ohio retirement system or an
alternative retirement plan shall apply only to a state teachers retirement
system retirant granted service retirement under section
3307.57,
3307.58,
3307.59 or
3307.60 of the Revised Code and
to a member granted disability benefits under section
3307.62 of the Revised Code
whose effective service retirement or disability benefit date is on or after
September 1, 1991.

(2)
A state
teachers retirement system retirant who has received a service retirement
allowance for less than two months and who becomes employed in a position
covered by an Ohio retirement system or an alternative retirement plan shall
forfeit such allowance for any month in which the retirant is so employed
during the two-month period after the effective retirement benefit date. The
amount of the allowance to be forfeited if such a retirant selected a plan of
payment under division (A) or (B) of section
3307.60 of the Revised Code
shall be the monthly allowance or benefit equal to the single lifetime benefit
described in section 3307.58 of the Revised
Code.

(3)
Notwithstanding
paragraphs (B)(1) and (B)(2) of this rule, forfeiture of a retirement allowance
shall not apply to a state teachers retirement system retirant who continues
employment in a position covered by a uniformed Ohio retirement system if the
retirant was continuously employed in the position for at least two months
prior to the effective retirement benefit date in this system.

(a)
Where a member of this system who has also established membership in another
non-uniformed retirement system or systems or an alternative retirement plan is
terminating all employment covered by all the systems and the alternative
retirement plan, and is electing to take a service retirement benefit from one
or more of the other systems or the alternative retirement plan as of the
effective retirement benefit date, the member shall elect to:

(i)
Apply for a benefit if eligible pursuant
to section 3307.57,
3307.58 or
3307.60 of the Revised Code with
an identical effective date; or

(ii)
Apply for a refund of contributions
pursuant to section 3307.56 of the Revised
Code ;
or

(iii)
If, as of the effective retirement benefit date from a
non-uniformed retirement system, the member has sufficient service credit to
qualify for a service retirement benefit in this system, the effective
retirement benefit date shall be the first of the month following the later of
the benefit date in the non-uniformed retirement system or attainment of
eligibility for a service retirement benefit in this system.

(b)
If the member applies for a
benefit as described in paragraph (C)(1)(a)(i) of this rule, the system shall
calculate the benefit with any necessary reduction for concurrent service among
the systems.

(2)
Where a
member of this system who has also established membership in a uniformed
retirement system or systems is terminating all employment covered by all the
systems and is electing to take a service retirement benefit from one or more
of the other systems as of the effective retirement benefit date, the member
shall elect to:

(a)
Apply for a benefit if
eligible pursuant to section
3307.57,
3307.58 or
3307.60 of the Revised Code with
an identical effective date;

(b)
Apply for a refund of contributions pursuant to section
3307.56 of the Revised
Code ;
or

(c)
If, as of the
effective retirement benefit date from a uniformed retirement system, the
member has sufficient service credit to qualify for a service retirement
benefit in this system, the effective retirement benefit date shall be the
first of the month following the later of the benefit date in the uniformed
retirement system or attainment of eligibility for a service retirement benefit
in this system.

(3)
A
member of this system who also is a member of a uniformed retirement system and
who has applied for a retirement benefit in the uniformed retirement system may
continue employment without forfeiture under section
3307.35 of the Revised Code in
the position covered by this system, provided that contributions made to this
system after the member's effective retirement benefit date in the uniformed
retirement system shall accrue only a benefit as described in section
3307.352 of the Revised
Code.

(4)
If the member has been
continuously employed in a position covered by this system for at least two
months prior to the effective retirement benefit date in an alternative
retirement plan, a uniformed or non-uniformed retirement system, other than
this system, an irrevocable election may be made on a form provided by this
system to have contributions to this system made prior to the effective
retirement benefit date in the other system or an alternative retirement plan
also accrue the same benefit described in section
3307.352 of the Revised Code. In
the event this election is made, allowable interest shall not begin until the
first of the month after the effective retirement benefit date in the other
system or an alternative retirement plan.

(A)
For purposes of section
3307.351 of the Revised Code and
this rule:

(1)
"Active position" means a
position a member worked in the month before retirement
and for which contributions were being received by a state retirement
system at the time of retirement pursuant to section
3307.351 of the Revised
Code.

(2)
"STRS annual
compensation" means fiscal year earnings plus any unearned amounts covered by
contract for that fiscal year or a consecutive twelve-month period.

(3)
"Other retirement system annual
compensation" means a member's annual compensation for an active position as
certified to this system by the public employees retirement system or the
school employees retirement system.

(4)
"Highest annual compensation" means the
highest of the STRS annual compensation or the other retirement system annual
compensation for an active position as determined by the paying
system.

(5)
"Position" means all
employment with a single employer for which a member is covered and
contributing to the same state retirement system.

(7)
"Other retirement system" means the school employees retirement system or
public employees retirement system.

(8)
"Continue to contribute," "continue
contributing," and "continuing to make contributions," through June 30, 2014, mean earnings wages that are
not the highest annual compensation with the same employer in the month before
retirement and in the month of retirement, where contributions on those wages
are remitted to the same state retirement system.

(9)
"Continuously
held" pursuant to paragraph (E) of section
3307.351 of the Revised Code and
effective July 1, 2014, means the position held by the member meets both of the
following criteria:

(a)
The member was
employed in a position and earned wages with the same employer during the first
month of retirement and in each of the twelve months immediately preceding the
effective date of retirement, where contributions on those wages were remitted
to the same retirement system; and,

(A)
(9)(a) of this rule was not the member's highest annual
compensation at the time of retirement for all positions covered by the state
teachers retirement system, the public employees retirement system or the
school employees retirement system.

(1)
When
a member holds more than one active position in this system, no active
positions in an other retirement system, and is electing to take a retirement
benefit pursuant to section
3307.351 of the Revised Code,
the member shall:

(a)
Apply for a benefit
pursuant to section 3307.57,
3307.58, or
3307.60 of the Revised Code, for
the active position which has the highest STRS annual compensation,
and,

(b)
Select which other active
position or positions upon which the member shall continue to contribute to
this system.

(2)
In
computing the benefit described in paragraph (B)(1) of this rule all service
credit in this system shall be used.

(1)
When
a member holds one or more active positions in this system and one or more
active positions in an other retirement system, and the active
position which has the highest annual compensation is in this system, the
member shall:

(a)
Apply for a benefit pursuant
to section 3307.57,
3307.58, or
3307.60 of the Revised Code, for
the active position which has the highest annual compensation, and,

(b)
Select which other active position or
positions upon which the member shall continue to contribute to this system or
an other retirement system.

(2)
In computing the benefit described in
paragraph (C)(1) of this rule all service credit in this system and the other
retirement systems shall be used except that such total combined service credit
shall not exceed one year of credit for any one year as defined in the statute
governing the system making the calculation.

(D)
Employment in any position covered by
this system that begins subsequent to the effective retirement benefit date
under section 3307.351 of the Revised Code
shall be subject to section
3307.35 of the Revised Code, and
rule 3307:1-13-01 of the
Administrative Code.

(A)
This rule applies in the case of an
individual who is or most recently has been employed by an employer in a
position customarily filled by a vote of members of a board or commission.

(B)
An employer that proposes to
continue employing an individual described in paragraph (A) of this rule as a
reemployed superannuate or rehire as a reemployed superannuate in the same
position shall certify that it has complied with the requirements of section
3307.353 of the Revised Code.
Certification shall be provided to the retirement system as a part of the
employer's notice of reemployment required by section
3307.35(D) of
the Revised Code on forms provided by the retirement system and shall include
its certification that it has:

(1)
Given
public notice in compliance with the requirements of section
3307.353 of the Revised Code not
less than sixty days before employment as a reemployed superannuate is to begin
that the individual is or will be retired and is seeking employment with the
employer; and

(2)
Held a public
meeting on the issue of the proposed employment between fifteen and thirty days
before employment as a reemployed superannuate is to begin and after complying
with paragraph (B)(1) of this rule.

(C)
Where such reemployment is in the same
position and continuous from year to year, no certification to the system shall
be required for subsequent years.

(D)
The person reemployed shall be subject to
any other provision applicable to reemployment.